CPSC Posts Sample General Certification of Conformity Form and FAQ

We recently posted on the Consumer Product Safety Improvement Act of 2008 (“CPSIA”), which makes a number of changes to the laws enforced by the Consumer Product Safety Commission (“CPSC”).

Section 102(a)(1) of CPSIA amends the Consumer Product Safety Act (“CPSA”) to require each manufacturer (including an importer or private labeler) of any product that is subject to any CPSC rule, ban, standard, or regulation to issue a certificate that the product complies with such CPSC requirements. This certification requirement applies to products manufactured after the effective date, which is November 12, 2008. The certificate must “accompany” each product or shipment of products covered by the certificate. A copy of the certificate must also be “furnished to each distributor or retailer of the product.” The CPSA states that a product offered for importation “shall be refused admission” if it is not accompanied by a certificate.

On Friday, October 24, 2008, the CPSC posted on its website a “Sample General Certification of Conformity.” The sample form includes the same information that was presented at a CPSC public meeting on October 2, 2008. Instructions for completing the certification and a brief list of “frequently asked questions” are also posted. The CPSC information is available here.